Shivjee Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7882 of 2016 ====================================================== Shivjee Sah son of Raghunath Sah, Resident of village- Balesra, P.S.- Uchkagaon, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Collector, Gopalganj. 2.

Additional Collector, Gopalganj 3.

Deputy Collector, Land Reforms, Hathua District- Gopalganj 4.

Circle Officer, Uchkagaon, District- Gopalganj 5.

Binda Sah, son of Late Deonarain Sah, Resident of village- Pipra, P.O. P.S.- Manjhagarh, District- Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Sager Sharma, Advocate For the Respondent/s :

Mr. Ashok Kumar, SC 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-01-2024 Heard learned counsel for the parties.

2. This writ application has been filed for quashing order dated 07.01.2016 passed by learned Additional Collector, Gopalganj (Respondent No. 2) in Mutation Revision Case No. 01/2009/08/13-14.

3. At the outset, learned counsel for the State raises preliminary objection regarding maintainability of the case to the effect that an alternative remedy is available to the petitioner. He submits that during pendency of the writ petition, Bihar Land Tribunal has become functional and proviso to Section 15 of the Bihar Land Tribunal Act, 2009 which reads

Patna High Court CWJC No.7882 of 2016(3) dt.16-01-2024 2/3 as:

"Provided further that it shall be open to the High Court of Judicature at Patna to remit the dispute pending adjudication in any writ proceeding before it for adjudication by the Tribunal".

Section 15 of the Act of 2009 stipulates that all cases connected with the Acts/Manuals dealt with under Section 9 of this Act and pending in the High Court of Judicature at Patna, but excluding writ petitions filed under Articles 226 and 227 of the Constitution of India and cases pending with the State Government, immediately before the commencement of this Act, as could have been within the jurisdiction of such Tribunal, and cases arsing after the commencement of this Act, as would have been within the jurisdiction of such Tribunal, shall stand transferred to the Tribunal with effect from the said date of commencement.

4. Learned counsel for the petitioner does not dispute the above proposition and requests for disposal of the writ application granting liberty to the petitioner to approach the Bihar Land Tribunal for proper adjudication of the matter.

5. In view of the aforesaid submission, let the petitioner file afresh application before the Bihar Land Tribunal for adjudication of the matter, within a period of six weeks from

Patna High Court CWJC No.7882 of 2016(3) dt.16-01-2024 3/3 the date of receipt of this order.

6. It goes without saying that if any question of limitation arises before the competent authority, the same shall be considered taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.

7. Writ petition stands disposed of with the aforesaid directions.

(Prabhat Kumar Singh, J) Navya/- U